Can a Non-Parent Be Required to Pay Child Support in North Carolina?

There are some situations in which a non-parent may be required to pay child support in North Carolina, but there are strict requirements that must be met. In most cases, non-parents are not obligated to pay child support.

A recent Court of Appeals case dealt with this issue, stating that, in the absence of a parental relationship and a formal, written agreement, a non-parent cannot be made to pay child support.

Green v. Carter

In the case of Green v. Carter, the plaintiff, who was a romantic partner of the child’s mother, appealed a decision entered by the trial court requiring her to pay child support for her ex-girlfriend’s child.

During their relationship, the parties decided to have a child together, and Mother became pregnant using in vitro fertilization. The child was born in Michigan, and state law prevented Partner from being listed on the birth certificate. After the birth, Partner gave Mother a proposed parenting agreement, but neither party ever signed the agreement.

When the relationship ended about two years after the child was born, Partner filed for custody and was granted joint legal and physical custody. Shortly after the custody order was entered, Mother filed for child support, stating that Partner had acted as a parent to the child and voluntarily assumed a support obligation in writing. The trial court concluded that Partner was a de facto mother to the child and liable for the child’s support. Partner appealed.

North Carolina uses the concept of primary and secondary liability in child support cases. Secondary liability can only exist if the person primarily responsible cannot adequately provide for the child. Biological and adoptive parents have primary liability for child support, and secondary liability may exist for a person or agency who assumes the obligations and status of a parent without adopting the child. Secondary liability must be voluntary, and there must be a written statement of support assumption.

The appellate court agreed that Partner acted as a parent to the child, and that fact was undisputed. However, Partner did not assume a support obligation in writing. While the trial court referenced the in vitro fertilization paperwork and the dependent health insurance documents as a written assumption of liability, the appellate court disagreed that these written agreements represented an assumption of support.

In North Carolina, romantic partners and stepparents may have a close relationship with the biological child of their partners or spouses, but they have no secondary liability to pay child support. This is true whether the partners are a heterosexual couple or a same-sex couple. The Court of Appeals reversed the trial court’s decision and remanded the case for further proceedings.